Sheriff Courts (Scotland) Act 1907

CHAPTER 24 S WITHDRAWAL OF SOLICITORS

Intimation of withdrawal to court S

24.1. (1) [F1 Subject to paragraph (3),]Where a solicitor withdraws from acting on behalf of a party, he shall intimate his withdrawal by letter to the sheriff clerk and to every other party.

(2) The sheriff clerk shall [F2 forthwith] lodge such letter in process.

[F3 (3) Where a solicitor withdraws from acting on behalf of a party in open court and in the presence of the other parties to the action or their representatives, paragraph (1) shall not apply.]

Textual Amendments

F1 Words in Sch. 1 rule 24.1(1) inserted (2.10.2000) by S.S.I. 2000/239, para. 3(1)(9)(a)

F2 Word in Sch. 1 rule 24.1(2) inserted (2.10.2000) by S.S.I. 2000/239, para. 3(1)(9)(b)

F3 Sch. 1 rule 24.1(3) inserted (2.10.2000) by S.S.I. 2000/239, para. 3(1)(9)(c)

Intimation to party whose solicitor has withdrawn S

24.2. (1) [F4 Subject to paragraph (1A),] The sheriff shall, of his own motion, or on the motion of any other party, pronounce an interlocutor ordaining the party whose solicitor has withdrawn from acting to appear or be represented at a specified diet fixed by the sheriff to state whether or not he intends to proceed, under certification that if he fails to do so the sheriff may grant decree or make such other order or finding as he thinks fit.

[F5 (1A) Where any previously fixed diet is to occur within 14 days from the date when the sheriff first considers the solicitor’s withdrawal, the sheriff may either–

(a) pronounce an interlocutor in accordance with paragraph (1); or

(b) consider the matter at the previously fixed diet.]

(2) The diet fixed in the interlocutor under paragraph (1) shall not be less than 14 days after the date of the interlocutor unless the sheriff otherwise orders.

(3) The party who has lodged the motion under paragraph (1), or any other party appointed by the sheriff, shall forthwith serve on the party whose solicitor has withdrawn a copy of the interlocutor and a notice in Form G10; and a certificate of service shall be lodged in process.

Textual Amendments

F4 Words in Sch. 1 rule 24.2(1) inserted (2.10.2000) by S.S.I. 2000/239, para. 3(1)(10)(a)

F5 Sch. 1 rule 24.2(1A) inserted (2.10.2000) by S.S.I. 2000/239, para. 3(1)(10)(b)

Consequences of failure to intimate intention to proceed S

24.3. Where a party on whom a notice and interlocutor has been served under rule 24.2(2) fails to appear or be represented at a diet fixed under rule 24.2(1) and to state his intention as required by that paragraph, the sheriff may grant decree or make such other order or finding as he thinks fit.